Car Accident Insurance Claim
According to statistical data, the fatality rate in the state of Texas has decreased and was 1.29 deaths per hundred million vehicles. However, the number of sustaining severe injuries is still high. The data shows that there were no days when a death did not occur on Texas roadways. About 249,652 people were injured in traffic crashes. Whether you have sustained car injuries, the law allows you to seek compensation for your injuries.
Nonetheless, you will have to follow a legal process and set of procedures in order to submit a claim to get compensation. There are specific rules and restrictions for getting compensation. Continue reading to find out what the rules are in Texas. You will also discover how you can find out if someone has car insurance in Texas.
Texas is an at-fault state
Before finding out about whether the other persons that were involved in your car accident have insurance, your first step should be to identify the type of liability system that is followed in your state. You must check whether your state follows a no-fault or at-fault system. As far as Texas is concerned, it is an at-fault state.
The major difference between the two is who will be liable for your damages. You will have to ask your own insurance company to pay for the damages in a no-fault state before you seek compensation from the insurance companies of other drivers who were involved in the accident. In a no-fault state, you may not be able to recover compensation for pain and suffering.
On the other hand, in an at-fault state, the driver who was at fault, meaning the driver who caused the accident, will be responsible for your damages. This means that you can request compensation from the insurance company of the driver who was at-fault for the accident without being required to first seek compensation from your own insurer. You can submit a claim against the driver to get compensation from his or her insurance company to cover the cost of your injuries and other damages.
In an at-fault state, you may be able to get compensation for pain and suffering, lost wages, property damage and more. You may even be eligible to file a third-party compensation claim against other drivers that were at-fault for causing the accident and get compensation from their insurance companies. These are the basic rules followed by the states.
How to find out if the at-fault driver has insurance coverage?
The laws in Texas suggest that if you were a driver involved in a car accident, you must report the accident at the earliest possible time. After reporting the accident, you can proceed with filing a claim for compensation from the insurance company of the driver that was at-fault for causing the accident. The steps would be different if an uninsured driver has hit you. One of the first steps you should take is to find out whether the driver has insurance or not. Below are some of the ways to discover this information.
- Ask at the scene of the accident: One of the easiest ways to find out is by asking the concerned person directly. You can ask whether he or she has an insurance card and for additional details, such as the name and contact information of the insurer. Ask for these details politely and avoid getting into any confrontation or other conversation. Any other statement that you make could be used against you or a difference of opinion could lead to a confrontation or unnecessary stress.
- Call the police: As per Texas laws, drivers that are involved in a car accident need to report the accident at the earliest time. If the crash resulted in injury or damage to a vehicle, you must immediately call the police. Do not drive away from the scene of an accident, even if you are attempting to report the incident in person at the police station. The preferred method is for you to call the police while you are still at the scene. A law enforcement officer will report the accident and then you can ask him or her to help you find out if any of the other drivers have insurance coverage or not and about their identities and contact information, especially if they are being uncooperative. You can avoid communicating with the driver and let the police and department handle that for you, especially if you are injured and have difficulty moving around. Also, if you are on a highway, you should try to park in an emergency lane and remain in your vehicle to prevent another accident. The police will help you find out if the other persons involved in the accident have enough car insurance to pay for your damages.
- Visit the Department of Motor Vehicles (DMV): If you couldn’t find out using the prior methods, you can seek help from the Department of Motor Vehicle (DMV). In some cases, you may also be required to report the incident to the DMV. Therefore, you can consider asking them about the insurance details of the at-fault driver. The concerned authorities will help you find out if they have car insurance or not. You must have a valid reason if you are visiting the DMV office. The concerned authorities will then provide you with the details of the insurance company of the driver who was at-fault.
- Call the insurance company even if you only have partial information: you have access to partial information, you should consider asking the insurance company for more detailed information. They will provide you with all the details that you will need and the policy number. It is possible, however, that an insurance company may not be cooperative in releasing information to you. Be sure to have a list of questions ready and to hire an attorney if needed to intervene on your behalf. The insurance company will also give you details about the insurance coverage limits and whether you will be able to recover or not. Contacting the insurance company will provide you with much more of the detailed information you will need before you file a claim so do not wait to call the company.
What to do if an uninsured driver has hit you in a car accident in Texas?
The laws may significantly change when an uninsured driver has hit you. If you have been involved in this type of accident, you should report it and then collect as much information as possible and notify your own insurance company about it.
If you were injured, you should also seek medical attention as soon as you can. After that, you should hire an attorney to help you file a compensation claim to cover the costs of your bodily injuries and property damage among any other losses that you had as a result of the accident. The records, letters, and documents needed for your type claim may be different based on the type of accident you had, the vehicles and drivers involved.
If your insurance covers Uninsured Motorist Coverage, you may be able to recover compensation for your damages even if the driver that was involved and at fault did not have insurance.
You must get in touch with an attorney at the earliest opportunity available to you. The Statute of Limitations, which is the time limit in which you can file a lawsuit for your claim, is two years starting from the date of the accident.
Report the incident to the police and the insurer as soon as possible to start the process. If you were partially responsible, your compensation claim may be reduced in proportion to the extent you contributed to the accident or be eliminated altogether depending on the state that you are in and the system of liability that is followed. Therefore, you must pay attention to all of the factors to get your compensation claim filed.
An experienced auto accident lawyer at Khattar Law, PC will help you get the car accident insurance claim you deserve.